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Suit: Improper training of fitness center staff led to cardiac death

Amount:

$950,000

Type:

Mediated Settlement

State:

South Carolina

Venue:

Aiken County

Court:

Aiken County, Court of Common Pleas

Injury Type(s):

other-death; other-loss of society; other-loss of consortium; cardiac-cardiac arrest

Case Type:

Government – Municipalities; Wrongful Death – Survival Damages; Worker/Workplace Negligence – Negligent Training

Case Name:

Navia B. Wilhelm, individually and as personal representative of the Estate of Douglas D. Wilhelm v. City of Aiken and First Response Safety Training Inc.,
No. 2012CP0201386

Date:

March 18, 2014

Parties

Plaintiff(s):

Navia B. Wilhelm (Female, 58 Years), 

Estate of Douglas D. Wilhelm (Male, 56 Years)

Plaintiff Attorney(s):

Mark D. Clore;
Clore Law Group;
Charleston,
SC,
for
Navia B. Wilhelm, Estate of Douglas D. Wilhelm ■ J. Olin McDougall;
McDougall Law Firm;
Beaufort,
SC,
for
Navia B. Wilhelm, Estate of Douglas D. Wilhelm ■ E. Vernon F. Glenn;
Clore Law Group;
Charleston,
SC,
for
Navia B. Wilhelm, Estate of Douglas D. Wilhelm

Plaintiff Expert(s):

Kyle McInnes;
Ph.D., Sc.D.;
Health & Fitness;
North Andover,
MA called by
Mark D. Clore, J. Olin McDougall ■ Tina Nuckols;
R.N.;
Emergency Medicine;
Augusta,
GA called by
Mark D. Clore, J. Olin McDougall ■ Heather Bloom;
M.D.;
Cardiology;
Atlanta,
GA called by
Mark D. Clore, J. Olin McDougall

Defendant(s):

City of Aiken, 

First Response Safety Training Inc.

Defense Attorney(s):

Karl S. Brehmer;
Brown & Brehmer;
Columbia,
SC,
for
First Response Safety Training Inc. ■ Daniel C. Plyler;
Davidson & Lindemann, PA;
Columbia,
SC,
for
City of Aiken ■ William H. Davidson II;
Davidson & Lindemann, PA;
Columbia,
SC,
for
City of Aiken, First Response Safety Training Inc.

Facts:

On Sept. 26, 2011, plaintiff’s decedent Douglas D. Wilhelm, 56, a mechanical engineer, collapsed of an apparent heart attack while playing racquetball at a fitness center run by the city of Aiken. Wilhelm, an avid racquetball player and golfer, was playing racquetball with friends when he told them he did not feel well. He put his hands on his knees and collapsed, and was having trouble breathing. Staff at the center was notified and 911 was called. A staff member grabbed the first aid kit and the Automated External Defibrillator (AED). When the staff member got to the racquetball court, Wilhelm was unresponsive. He also exhibited guttural gasping (abnormal breathing). The AED was not used until EMS technicians arrived 9 to 10 minutes later. Upon their arrival, EMS technicians immediately applied the AED, administered Epinephrine and shocked Wilhelm with the AED a second time. By the time Wilhelm reached the hospital, he had been manifestly deprived of oxygen. Several blocked cardiac vessels were found and repaired, but there was too much brain damage from the hypoxic event and he died shortly thereafter. Wilhelm’s spouse, Navia Wilhelm, individually and on behalf of Wilhelm’s estate, filed suit against the city of Aiken and First Response Safety Training Inc., which had been hired by the city to provide CPR and AED training for city employees. Plaintiff sought damages for negligence and wrongful death. Plaintiff alleged that prompt application of the AED, which is simple to use and effective, would have saved Wilhelm’s life. Plaintiff also alleged that Wilhelm would have survived if the heartbeat had been restored within a few minutes of the attack. Plaintiff argued that the AED would have provided instructions with use, but the fitness center’s staff failed to utilize the machine. Plaintiff asserted that the staff’s lack of training resulted in Wilhelm’s death. Further, plaintiff alleged that First Response, which was contracted to provide past and ongoing safety training, failed to properly train city employees and failed to train pursuant to the American Health Association standards of care. Moreover, plaintiff argued that both defendants failed to comply with their own policies and procedures. The city of Aiken denied negligence. In the event any negligence was found, the city argued that First Response was the responsible party, in that the city had hired the company to properly train its employees, but the company failed to do so. First Response contended that it provided proper training. First Response argued that the city employees were likely nervous and stressed due to the crisis and overlooked an opportunity to apply the AED.

Injury:

Douglas Wilhelm died as a result of cardiac arrest and an acute hypoxic event. He was survived by his spouse, two children, parents, siblings and grandchildren. Plaintiff sought damages for wrongful death and loss of consortium, as well as a change in the safety training of city employees. Defendants did not dispute the cause of death, but contested the extent of damages.

Result:

The case was settled at mediation before depositions of any defense experts were taken. The settlement amount was $950,000, with $50,000 from the city of Aiken and $900,000 from First Response Safety Training. The city also agreed to re-train its employees in the proper use of the AED. Plaintiffs’ counsel reported that plaintiffs prepared and submitted a one-hour case presentation on iPads and thumb drives to opposing counsel and the mediator several weeks before mediation.

Trial Information:

Judge:

Doyet A. Early III; Robin Braithwaite (neutral)

Demand:

$1.6 million

Offer:

N/A

Editor’s Comment:

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to a request for comment.